State v. McCray

12 So. 3d 990, 2009 La. App. LEXIS 827, 2009 WL 1313291
CourtLouisiana Court of Appeal
DecidedMay 13, 2009
DocketNos. 44,142-KA, 44,143-KA
StatusPublished
Cited by1 cases

This text of 12 So. 3d 990 (State v. McCray) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. McCray, 12 So. 3d 990, 2009 La. App. LEXIS 827, 2009 WL 1313291 (La. Ct. App. 2009).

Opinion

BROWN, Chief Judge.

_jjA jury convicted, defendant, Barry McCray, of second degree murder and ag[993]*993gravated kidnapping. He was sentenced to life imprisonment at hard labor without benefit of probation, parole, or suspension, for each count, to be served consecutively with one another. Defendant has appealed. We affirm.

Facts

On April 21, 2005, Shonda Proctor McCray was found dead in her home. She had severe bruising around her face and upper body. Earlier that evening, the victim, her husband (Barry McCray), and the victim’s then nine-year-old daughter were at home. The child testified that they were watching television when her mother answered the telephone and then gave the following account of the sequence of events. Defendant got mad because he thought she was talking to a man and began throwing objects to the floor and tearing up the house. Defendant fired a shot from a gun. Defendant was using foul language as he talked to her mother. While all of this was occurring, her mother, who was blind, did nothing. Defendant began hitting her mother in the face and head. Defendant knocked her mother to the floor where he continued to hit, kick, and choke her. Defendant stepped on her mother and kicked her in the stomach. Defendant kept telling her mother to get up, but she did not. The only thing her mother said was to call 9-1-1, but the child couldn’t because defendant pulled the phone cord out of the wall.

Defendant then went into the kitchen and returned with a pot of water which he poured on her mother’s face. Her mother was not armed with a |2knife or gun; in fact, she wasn’t fighting back. The child testified that she ran to her room after the fight, and defendant “walked in and touched [her] in between [her] legs.” Defendant then told the child to get in her mother’s blue car, and they drove away from the house. He didn’t tell her where they were going but drove to the store where Greg Jones worked where defendant tried to sell his wedding ring. The child testified:

Greg Jones told him to get on with that ring. To leave.
... And then I said, hello Mr. Greg Jones.
... That was a little hello for help.

After Jones refused to take the ring, defendant got back in the car, and they drove off. Defendant accidentally drove into a ditch. Defendant told her to help him get the car out of the ditch, but she refused.

Deputy Leroy Threats with the East Carroll Parish Sheriffs Department was the first to arrive on the scene of the traffic accident. Defendant was sitting in the driver’s side seat, and a little girl was sitting on the passenger side. Deputy Threats asked defendant if everybody was all right, what occurred, and basically what had happened. Deputy Threats related that defendant stated he was trying to turn around when he landed in the ditch. Deputy Threats observed that defendant acted “jittery” and “very nervous.” Deputy Threats testified that he asked defendant about the child’s mother. He stated that she was gone to some type of church function with friends. After further conversation, Deputy Threats asked defendant to step out of the vehicle. The deputy detected a slight odor of alcohol on defendant’s breath and asked defendant whether he had been drinking. | ¡¡Defendant said he had had a beer or so. Deputy Threats had his flashlight and observed what he thought was blood on defendant’s pants leg and down by his shoes. So he asked defendant whether it was blood. Defendant stated that he had been cleaning fish earlier that day. Defendant stated that he had picked his stepdaughter up from school because his wife was at church.

[994]*994Sheneta Proctor, Shonda’s sister-in-law, and the child’s -aunt, was called to the scene and was permitted to take the little girl home with her. Defendant was placed under arrest for suspicion of DWI at that time.

The shift supervisor, Deputy Glen Threats, arrived on the scene and spoke with Sheneta Proctor. Deputy Glen Threats testified, “I was informed by the aunt that she had been trying to contact her sister and that she felt that something wasn’t right. Sheneta asked him to go to her sister’s home to check on her.

Deputy Glen Threats got a key from Sheneta. As he opened the door to Shon-da’s home, the first thing he observed was that the house looked “trashed,” like there had been an altercation or something in the residence. As he looked further into the home, he saw a woman’s body lying on the floor. Deputy Glen Threats found the victim lying on the floor of her home without clothing and with swelling to her face and around her eyes. He then checked for a pulse but didn’t feel one and requested that an ambulance be dispatched to the home. A torn nightgown was found in the residence.

Gregory Jones testified that he was standing on Gould Street when a car pulled up, a guy got out and tried to sell him a ring. Jones told the man |4he didn’t deal in that kind of stuff. As the man was backing out, the little girl, who he knew to be Shonda’s daughter, said, “hey, Mr. Greg.” Because he thought this was suspicious, Jones then flagged down a police officer and informed him of the incident.

Sheneta Proctor testified to her sister-in-law Shonda’s medical conditions at the time of her death. According to Sheneta, Shonda had high blood pressure and diabetes which caused her blindness in May of 2002.

Defendant and Shonda met through a mutual friend, Angela Hamilton. Defendant was incarcerated and they talked over the phone for approximately eight months before Shonda’s death. When defendant was released from prison, Sheneta drove Shonda to pick him up and then dropped them both off back at Shonda’s house. Six or seven days later, Shonda called Sheneta at work to tell her that she and defendant were getting married, and two days later, Shonda was dead.

Sheneta described defendant as inquisitive and possessive. In describing defendant’s relationship with Shonda, Sheneta testified that she and Shonda talked daily, two and three times a day. They talked constantly. During the time that Shonda and defendant were together, he answered the phone and would listen in on their conversations. The family all had keys to the house because of Shonda’s medical condition. She also told a nephew who had been staying with her to help out to leave. After defendant was released from prison, Shonda went through approximately $1,500 in less than a week. According to Sheneta, this was very uncharacteristic behavior.

IfiOnce Shonda’s body was discovered, Trooper Neal Harwell of the Louisiana State Police was called out to the scene to aid in the investigation. The body had already been taken to the hospital, as had the child, so Harwell went there first and examined the body and then spoke to the child, who told Trooper Harwell what happened. Harwell then went to the victim’s home and found it to be in “disarray” and showing signs of a fight. Trooper Harwell went to the Riverbend Detention Center to speak to Barry McCray. After advising him of his rights, the officer questioned defendant, who stated that although they had an altercation and he had hit his wife once, she was alive when he left with the [995]*995child. When asked more specific questions, defendant asked for a lawyer, and the interview was over.

Dr. Stephen Hayne conducted the autopsy for the state and was admitted as an expert in forensic pathology. Dr.

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Related

State v. Johnson
175 So. 3d 442 (Louisiana Court of Appeal, 2015)

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Bluebook (online)
12 So. 3d 990, 2009 La. App. LEXIS 827, 2009 WL 1313291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mccray-lactapp-2009.